Texas Penal Code
Sec. § 47.08
Testimonial Immunity


(a)

A party to an offense under this chapter may be required to furnish evidence or testify about the offense.

(b)

A party to an offense under this chapter may not be prosecuted for any offense about which he is required to furnish evidence or testify, and the evidence and testimony may not be used against the party in any adjudicatory proceeding except a prosecution for aggravated perjury.

(c)

For purposes of this section, "adjudicatory proceeding" means a proceeding before a court or any other agency of government in which the legal rights, powers, duties, or privileges of specified parties are determined.

(d)

A conviction under this chapter may be had upon the uncorroborated testimony of a party to the offense.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 47.09 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 47.09. OTHER DEFENSES.

(a)

It is a defense to prosecution under this chapter that the conduct:

(1)

was authorized under:

(A)

Chapter 2001, Occupations Code;

(B)

Chapter 2002, Occupations Code;

(C)

Chapter 2004, Occupations Code;

(D)

the Texas Racing Act (Article 179e, Vernons Texas Civil Statutes); or

(E)

Chapter 280, Finance Code;

(2)

consisted entirely of participation in the state lottery authorized by Chapter 466, Government Code; or

(3)

was a necessary incident to the operation of the state lottery and was directly or indirectly authorized by:

(A)

Chapter 466, Government Code;

(B)

the lottery division of the Texas Lottery Commission;

(C)

the Texas Lottery Commission; or

(D)

the director of the lottery division of the Texas Lottery Commission.

(a)

It is a defense to prosecution under this chapter that the conduct:

(1)

was authorized under:

(A)

Chapter 2001, Occupations Code;

(B)

Chapter 2002, Occupations Code;

(C)

Chapter 2004, Occupations Code;

(D)

Subtitle A-1, Title 13, Occupations Code (Texas Racing Act); or

(E)

Chapter 280, Finance Code;

(2)

consisted entirely of participation in the state lottery authorized by Chapter 466, Government Code; or

(3)

was a necessary incident to the operation of the state lottery and was directly or indirectly authorized by:

(A)

Chapter 466, Government Code;

(B)

the lottery division of the Texas Lottery Commission;

(C)

the Texas Lottery Commission; or

(D)

the director of the lottery division of the Texas Lottery Commission.

(b)

It is an affirmative defense to prosecution under Sections 47.04, 47.06(a), and 47.06(c) that the gambling device, equipment, or paraphernalia is aboard an ocean-going vessel that enters the territorial waters of this state to call at a port in this state if:

(1)

before the vessel enters the territorial waters of this state, the district attorney or, if there is no district attorney, the county attorney for the county in which the port is located receives notice of the existence of the device, equipment, or paraphernalia on board the vessel and of the anticipated dates on which the vessel will enter and leave the territorial waters of this state;

(2)

at all times while the vessel is in the territorial waters of this state all devices, equipment, or paraphernalia are disabled, electronically or by another method, from a remote and secured area of the vessel in a manner that allows only the master or crew of the vessel to remove any disabling device;

(3)

at all times while the vessel is in the territorial waters of this state any disabling device is not removed except for the purposes of inspecting or repairing the device, equipment, or paraphernalia; and

(4)

the device, equipment, or paraphernalia is not used for gambling or other gaming purposes while the vessel is in the territorial waters of this state.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.54, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 111, Sec. 1, eff. May 16, 1997; Acts 1997, 75th Leg., ch. 1035, Sec. 55, eff. June 19, 1997; Acts 1999, 76th Leg., ch. 844, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 14.835, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 47 (H.B. 975), Sec. 3, eff. January 1, 2016.
Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 2.10, eff. April 1, 2019.
Acts 2017, 85th Leg., R.S., Ch. 978 (H.B. 471), Sec. 5, eff. November 7, 2017.
Source
Last accessed
Jul. 19, 2019